# The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020, Regulation 49: Local dispute resolution before serving remedial notices or breach notices

Extent: E+W

(1) Subject to paragraph (3), before issuing a notice under regulation 50 or 51, the Local Health Board must make every reasonable effort to communicate and co-operate with an NHS pharmacist or NHS appliance contractor with a view to resolving any dispute between the NHS pharmacist or NHS appliance contractor and the Local Health Board relating to compliance by the NHS pharmacist or NHS appliance contractor with the terms of service.
(2) Where an NHS pharmacist or NHS appliance contractor invites a Local Pharmaceutical Committee to participate in the attempts to resolve the dispute, the Local Health Board must make every reasonable effort to communicate and co-operate with the Committee in its attempts to assist in resolving the dispute.
(3) Paragraphs (1) and (2) do not apply where the Local Health Board is satisfied—
(a) the dispute relates to a matter that has already been the subject of dispute resolution between the Local Health Board and the NHS pharmacist or NHS appliance contractor and there are no new issues of substance that justify delay in issuing a notice under regulation 50 or 51, or
(b) that it is appropriate to proceed immediately to issuing a notice under regulation 50 or 51—
(i) because listed premises are not, or have not been, open during core opening hours or supplementary opening hours without good cause,
(ii) to protect the safety of any persons to whom an NHS pharmacist or NHS appliance contractor may provide pharmaceutical services, or
(iii) to protect the Local Health Board from material financial loss.

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Source: https://www.legislation.gov.uk/wsi/2020/1073/regulation/49 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-wales-regulations-2020/regulation-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.